The Universal Credit Regulations 2013
[^key-91a536711f77d92b03c3f9c9d2360ce6]: Reg. 11(1)(b)(iii) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 10(2)(b)
[^key-e14a86e560668e81e081a968a24081be]: Reg. 76(1D) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 8(2)(a)
[^key-f604ae71e0f68b53de8d8e99adb0f59d]: Words in reg. 76(4) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 8(2)(b)
[^key-b01135e109e922ae806a4cf8f656221b]: Words in reg. 2 substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 25
[^key-6169d2d15af61e82148f0f04b7c624d1]: Reg. 27A inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 4
[^key-3ecf21fcc0ea4bdb7c4846887fc26c4f]: Reg. 40A inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 6
[^key-a2ee69b0ccc84cc4164d00d2f7eff43f]: Sch. 5A inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by The Universal Credit and Employment and Support Allowance (Rates of Allowances) (Amendment) Regulations 2026 (S.I. 2026/113), regs. 1(4), 3(4)
[^key-62c259ff33f77e78c036805ea04340d0]: Sch. 12 revoked (6.4.2026 in relation to assessment periods commencing on or after that date) by Universal Credit (Removal of Two Child Limit) Act 2026 (c. 13), ss. 1(3)(c), 3(4) (with s. 1(4))
[^key-44173fb6a5ed387a57c1c456a91bad0f]: Words in reg. 2 inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 2
[^key-30fcfb56765b1e0d5f19d96fd667eece]: Sum in Reg. 22 table substituted (coming into force in accordance with art. 1(3)(n) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(n), 32(1)(a)
[^key-32a231dba0221e5cbfd87857f953ee3f]: Sum in Reg. 22 table substituted (coming into force in accordance with art. 1(3)(n) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(n), 32(1)(b)
[^key-0ae4dbe22d05e502169890a1995e2e50]: Word in reg. 23(2)(a) substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 10
[^key-e3ffd1e01fe617a864e7713f01b45568]: Words in reg. 24(1) omitted (6.4.2026 in relation to assessment periods commencing on or after that date) by virtue of Universal Credit (Removal of Two Child Limit) Act 2026 (c. 13), ss. 1(2)(b), 3(4) (with s. 1(4))
[^key-44654cd43d97bdadb1535136735c12e5]: Reg. 24A revoked (6.4.2026 in relation to assessment periods commencing on or after that date) by Universal Credit (Removal of Two Child Limit) Act 2026 (c. 13), ss. 1(3)(a), 3(4) (with s. 1(4))
[^key-a1f3d6bc1cd9f221e6638ad9836a24c6]: Reg. 24B revoked (6.4.2026 in relation to assessment periods commencing on or after that date) by Universal Credit (Removal of Two Child Limit) Act 2026 (c. 13), ss. 1(3)(b), 3(4) (with s. 1(4))
[^key-34a8fb91d6b2d0e45d015478cf6cc4ca]: Reg. 27A(1A) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by The Universal Credit and Employment and Support Allowance (Rates of Allowances) (Amendment) Regulations 2026 (S.I. 2026/113), regs. 1(4), 3(2)
[^key-5052d33f296ca47df51483518c1434e5]: Words in reg. 38 inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 5
[^key-bfb9592b67e9da4a3f9891ee45e50cdf]: Words in reg. 27(3) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 3(b)
[^key-518bb3373ef6299e621640453c29f4d4]: Reg. 27(2)(a)-(d) and words inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 3(a)
[^key-85aa19a6fe9273b414e0e0483636f364]: Words in reg. 27(4)(a) in reg. 27(4) renumbered as reg. 27(4)(a) (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 3(c)(i)
[^key-9ec526b8502eaf22658bb3a53059868e]: Reg. 27(4)(b) and word inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 3(c)(ii)
[^key-6a18407b364bcf47691746a6053f9978]: Words in reg. 43(1) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 8(a)
[^key-d3046ab1447d65fc571eab99c06c9dbb]: Words in reg. 43(3) substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 8(b)
[^key-d7be289377621d67146b22c518a37ab4]: Words in reg. 44(1) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 9(a)
[^key-228a0d18816fde67252e54d17208d6f4]: Words in reg. 44(2) substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 9(b)
[^key-91bfb0130aa77f36dcdddefc13afa26c]: Words in reg. 41(1)(a) inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 7(a)(i)
[^key-1ea41f5a52fc0384c5c5258eb8ad488f]: Word in reg. 41(1) substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 7(a)(ii)
[^key-98e527b20351d97258ac6d855c6c5dd2]: Words in reg. 41(2) substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 7(c)
[^key-2f42b021a7da6aefff4028cf2dbea5c6]: Reg. 41(4)-(6) substituted for reg. 41(4) (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 7(d)
[^key-67a970f031b29cb3ce56a0252278a0a1]: Words in reg. 41(2)(b)(i) in reg. 41(2)(b) renumbered as reg. 41(2)(b)(i) (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 7(b)(i)
[^key-4e6de78942650911613e3c57f5f1af3b]: Reg. 41(2)(b)(ii) and word inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(3), Sch. 1 para. 7(b)(ii)
[^key-c4f0ebc2863900e579139e70c3e15e1d]: Sum in Sch. 4 para. 14(1) substituted (coming into force in accordance with art. 1(3)(n) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(n), 32(3)
[^key-3a3a89e7bce59806ed3dd0531da3346e]: Words in reg. 36 table substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(1)(b)(3)
[^key-b24765d3f2a7d9f0dcd6cdab4b3ecc62]: Words in reg. 36 table inserted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by Universal Credit Act 2025 (c. 22), s. 2(1)(a)(3)
[^key-7c98a2b58fb2b0ebfa95b46b06861fe2]: Sum in Reg. 36 table substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by The Universal Credit and Employment and Support Allowance (Rates of Allowances) (Amendment) Regulations 2026 (S.I. 2026/113), regs. 1(4), 3(3)(b)
[^key-1613be5acb7fab61647a702d191bb291]: Words in reg. 36 table substituted (6.4.2026 with effect in relation to assessment periods commencing on or after that date) by The Universal Credit and Employment and Support Allowance (Rates of Allowances) (Amendment) Regulations 2026 (S.I. 2026/113), regs. 1(4), 3(3)(a)
[^key-0f8520652b6b7427239a5630455ce93e]: Reg. 36 table elements substituted (coming into force in accordance with art. 1(3)(n) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(n), 32(2), Sch. 13
Claimants subject to work preparation requirement
91A
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Claimants subject to all work-related requirements - EEA jobseekers
Specified accommodation
3A
- (1) The accommodation referred to in paragraph 3(h) is accommodation to which one or more of the following sub-paragraphs applies.
- (2) This sub-paragraph applies to accommodation which is exempt accommodation.
- (3) This sub-paragraph applies to accommodation—
- (a) which is provided by a relevant body;
- (b) into which the claimant has been admitted in order to meet a need for care, support or supervision; and
- (c) where the claimant receives care, support or supervision.
- (4) This sub-paragraph applies to accommodation which—
- (a) is provided by a local authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and
- (b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.
- (5) This sub-paragraph applies to accommodation—
- (a) which would be a hostel within the meaning of paragraph 29(10) (renters excepted form shared accommodation) of Schedule 4 (housing costs element for renters) but for it being owned or managed by a local authority; and
- (b) where the claimant receives care, support or supervision.
- (6) In this paragraph—
- “domestic violence” has the meaning given in regulation 98 (victims of domestic violence);
- “relevant body” means a—council for a county in England for each part of which there is a district council;housing association;registered charity; orvoluntary organisation.
Apportionment where re-claim delayed after loss of employment
22A
- (1) This regulation applies where—
- (a) a new award is made in a case to which regulation 21(3C) (new claim within 6 months of a previous award) applies; and
- (b) the claimant (or either joint claimant) is not in paid work and has ceased being in paid work since the previous award ended, other than in the 7 days ending with the date on which the claim is made.
- (2) In calculating the amount of the award for the first assessment period in accordance with section 8 of the Act—
- (a) the amount of each element that is to be included in the maximum amount; and
- (b) the amount of earned and unearned income that is to be deducted from the maximum amount,
are each to be reduced to an amount produced by the following formula—
$$N × ( A × 12 365 )$ Where— N is the number of days in the period beginning with the date on which the claim is made and ending with the last day of the assessment period; and A is the amount of the element that would otherwise be payable for that assessment period or, as the case may be, the amount of earned and unearned income that would otherwise be deducted for that assessment period.$
- (3) The period of 7 days in paragraph (1)(b) may be extended if the Secretary of State considers there is good reason for the delay in making the claim.
Charges attributable to an assessment period
34A
- (1) Charges paid for relevant childcare are attributable to an assessment period where—
- (a) those charges are paid in that assessment period for relevant childcare in respect of that assessment period; or
- (b) those charges are paid in that assessment period for relevant childcare in respect of a previous assessment period;or
- (c) those charges were paid in either of the two previous assessment periods for relevant childcare in respect of that assessment period.
- (2) For the purposes of paragraph (1)(c), where a claimant pays charges for relevant childcare in advance, the amount which they have paid in respect of any assessment period is to be calculated as follows: Step 1 Take the total amount of the advance payment (leaving out of account any amount referred to in regulation 34(2)). Step 2 Apply the formula—
$$( P A D ) × A P$ Where— PA is the amount resulting from step 1; D is the total number of days covered by the payment referred to in step 1, and AP is the number of days covered by the payment which also fall within the assessment period in question.$
- (3) In this regulation, a reference to an assessment period in which charges are paid, or in respect of which charges are paid, includes any month preceding the commencement of the award that begins on the same day as each assessment period in relation to a claimant's current award.
Meaning of “relevant childcare”
Waiting Days
19A
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Awards
20A
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Assessment periods
Deduction of income and work allowance
Apportionment where re-claim delayed after loss of employment
Relevant amount
80A
- (1) The relevant amount is determined by dividing the applicable annual limit by 12.
- (2) The applicable annual limit is—
- (a) £16,967 for a single claimant resident in Greater London who is not responsible for a child or qualifying young person;
- (b) £25,323 for—
- (i) joint claimants where either joint claimant is resident in Greater London;
- (ii) a single claimant resident in Greater London who is responsible for a child or qualifying young person;
- (c) £14,753 for a single claimant not resident in Greater London who is not responsible for a child or qualifying young person;
- (d) £22,020 for—
- (i) joint claimants not resident in Greater London;
- (ii) a single claimant not resident in Greater London who is responsible for a child or qualifying young person.
- (3) For the purposes of section 96 of the Act (benefit cap) and this regulation a claimant is resident in Greater London if—
- (a) where the housing costs element is included in the claimant’s award of universal credit—
- (i) accommodation in respect of which the claimant meets the occupation condition is in Greater London; or
- (ii) the claimant is in receipt of housing benefit in respect of a dwelling (which has the meaning given in section 137 of the Contributions and Benefits Act) in Greater London;
- (b) where the housing costs element is not included in the claimant’s award of universal credit—
- (i) accommodation that the claimant normally occupies as their home is in Greater London; or
- (ii) where there is no accommodation that the claimant normally occupies as their home, the Jobcentre Plus office to which the Secretary of State has allocated their claim is in Greater London.
Reduction of universal credit
Exceptions - earnings
Exceptions - entitlement or receipt of certain benefits
No housing costs element for certain renters aged at least 18 but under 22
4A
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Persons to whom paragraph 4A does not apply – general
4B
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Persons to whom paragraph 4A does not apply – periods of work
4C
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Award to include LCWRA element
Period for which the ... LCWRA element is not to be included
Availability of the child element where maximum exceeded
24A
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Order of children and qualifying young persons
24B
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20
- (1) A payment made within the past 12 months of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment).
- (2) Where bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) has been paid within the past 12 months to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—
- (a) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and
- (b) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died.
SCHEDULE12 — Availability of the child element where maximum exceeded - exceptions
...Introduction
1
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Multiple births
2
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Adoptions
3
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Non-parental caring arrangements
4
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Non-consensual conception
5
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Continuation of existing exception in a subsequent award
6
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The childcare costs condition
Amount of childcare costs element
Charges attributable to an assessment period
Reduction under tenant incentive scheme
32A
- (1) Where a reduction in the rent or service charge payments for which a renter would otherwise have been liable is applied by a provider of social housing under an approved tenant incentive scheme, the amount of any relevant payment to be taken into account under paragraph 6 is to be determined as if no such reduction had been applied.
- (2) In paragraph (1) “approved tenant incentive scheme” means a scheme which is—
- (a) operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in rent or service charges or other advantages in return for meeting specified conditions; and
- (b) approved by the Secretary of State.
Assessment period cycle to remain the same following change in the first date of entitlement
21A
- (1) This regulation applies where—
- (a) the first date of entitlement has been determined;
- (b) it is subsequently determined that the first date of entitlement falls on a different date (the “start date”); and
- (c) applying regulation 21(1) and (2) following that subsequent determination (and thereby changing the beginning of each assessment period) would, in the opinion of the Secretary of State, cause unnecessary disruption to the administration of the claim.
- (2) Where this regulation applies—
- (a) the first assessment period is to be a period of a length determined by the Secretary of State beginning with the start date;
- (b) the amount payable in respect of that first assessment period is to be calculated as follows—
$$N �? ( A �? 12 365 )$ where— N is the number of days in the period; and A is the amount calculated in relation to that period as if it were an assessment period of one month; and$
- (c) regulation 21(1) and (2) apply to the second and subsequent assessment periods as if the day after the end of the first assessment period were the first date of entitlement.
Deduction of income and work allowance
Apportionment where re-claim delayed after loss of employment
Surplus earnings
54A
- (1) This regulation applies in relation to a claim for universal credit where—
- (a) the claimant, or either of joint claimants, had an award of universal credit (the “old award”) that terminated within the 6 months ending on the first day in respect of which the claim is made;
- (b) the claimant has not, or neither of joint claimants has, been entitled to universal credit since the old award terminated; and
- (c) the total earned income in the month that would have been the final assessment period for the old award, had it not terminated, exceeded the relevant threshold.
- (2) Where this regulation applies in relation to a claim, any surplus earnings determined in accordance with paragraph (3) are to be treated as earned income for the purposes of determining whether there is entitlement to a new award and, if there is entitlement, calculating the amount of the award.
- (3) Surplus earnings are—
- (a) if the claim in question is the first since the termination of the old award, the amount of the excess referred to in paragraph (1)(c) (“the original surplus”);
- (b) if the claim in question is the second since the termination of the old award, the amount, if any, by which—
- (i) the original surplus, plus
- (ii) the total earned income in the month that would have been the first assessment period in relation to the first claim,
exceeded the relevant threshold (“the adjusted surplus”);
- (c) if the claim in question is the third since the termination of the old award, the amount, if any, by which—
- (i) the adjusted surplus from the second claim, plus
- (ii) the total earned income in the month that would have been the first assessment period in relation to the second claim,
exceeded the relevant threshold;
- (d) if the claim in question is the fourth or fifth since the termination of the old award, an amount calculated in the same manner as for the third claim (that is by taking the adjusted surplus from the previous claim).
- (4) For the purposes of paragraph (3)—
- (a) if the claim in question is the first joint claim by members of a couple, each of whom had an old award (because each was previously entitled to universal credit as a single person or as a member of a different couple), the amounts of any surplus earnings from the old award or from a previous claim that would have been treated as earned income if they had each claimed as a single person are to be aggregated; and
- (b) if the claim in question is—
- (i) a single claim where the claimant had an old award, or made a subsequent claim, as a joint claimant, or
- (ii) a joint claim where either claimant had an old award, or made a subsequent claim, as a member of a different couple,
the original surplus, or any adjusted surplus, in relation to the old award is to be apportioned in the manner determined by the Secretary of State.
- (5) No amount of surplus earnings is to be taken into account in respect of a claimant who has, or had at the time the old award terminated, recently been a victim of domestic violence (within the meaning given by regulation 98).
- (6) In this regulation—
- “total earned income” is the earned income of the claimant or, if the claimant is a member of a couple, the couple’s combined earned income, but does not include any amount a claimant would be treated as having by virtue of regulation 62 (the minimum income floor);
- “the nil UC threshold” is the amount of total earned income above which there would be no entitlement to universal credit, expressed by the following formula— $( M − U ) 55 × 100 + W A$ where— M is the maximum amount of an award of universal credit; U is unearned income; WA is the work allowance; and
- “the relevant threshold” is the nil UC threshold plus £300.
Employed earnings
Employee involved in trade dispute
Self-employed earnings
Unused losses
57A
- (1) For the purposes of regulation 57(2), a person has an unused loss if—
- (a) in calculating the person’s self-employed earnings for any of the previous assessment periods, the amount resulting from steps 1 to 3 in regulation 57(2) was a negative amount (a “loss”); and
- (b) the loss has not been extinguished in a subsequent assessment period.
- (2) For the purposes of paragraph (1)(b) a loss is extinguished if no amount of that loss remains after it has been deducted at step 5 in regulation 57(2).
- (3) Where a person was entitled to a previous award of universal credit and the last day of entitlement in respect of that award fell within the 6 months preceding the first day of entitlement in respect of the new award, the Secretary of State may, for the purposes of this regulation (provided the person provides such information as the Secretary of State requires), treat—
- (a) the assessment periods under the previous award; and
- (b) any months between that award and the current award in respect of which a claim has been made,
as assessment periods under the current award.
Permitted expenses
Flat rate deductions for mileage and use of home and adjustment for personal use of business premises
Notional earned income
Information for calculating earned income – real time information etc.
Temporary Accommodation
3B
- (1) The accommodation referred to in paragraph (3)(i) is accommodation which falls within Case 1 or Case 2.
- (2) Case 1 is where—
- (a) rent payments are payable to a local authority;
- (b) the local authority makes the accommodation available to the renter—
- (i) to discharge any of the local authority's functions under Part II of the Housing (Scotland) Act 1987 ,Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014 , or
- (ii) to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014; and
- (c) the accommodation is not exempt accommodation.
- (3) Case 2 is where—
- (a) rent payments are payable to a provider of social housing other than a local authority;
- (b) that provider makes the accommodation available to the renter in pursuance of arrangements made with it by a local authority—
- (i) to discharge any of the local authority's functions under Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014, or
- (ii) to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014; and
- (c) the accommodation is not exempt accommodation.
- (4) Sub-paragraph (1) applies irrespective of whether the renter is also liable to make service charge payments.
- (5) In sub-paragraph (3), “provider of social housing” has the meaning given in paragraph 2 of Schedule 4.
21
Any early years assistance given within the past 12 months in accordance with section 32 of the Social Security (Scotland) Act 2018.
22
Any funeral expense assistance given within the past 12 months in accordance with section 34 of the Social Security (Scotland) Act 2018.
23
Any assistance given within the past 52 weeks in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
24
Any winter heating assistance given within the past 52 weeks in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018.
18A
A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.
18ZA
A payment made within the past 12 months of widowed parent’s allowance—
- (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Contributions and Benefits Act) who is entitled to widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and
- (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for widowed parent’s allowance.
Meaning of “pre-2026 claimant”
27A
- (1) For the purposes of regulation 27, a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” if the claimant—
- (a) was entitled at any time before 6 April 2026 to an award of universal credit that included the LCWRA element, and
- (b) has been entitled to an award of universal credit that included the LCWRA element continuously from that time.
- (1A) Schedule 5A sets out further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 27.
- (2) For the purpose of determining whether the claimant has been continuously entitled to an award of universal credit, no account is to be taken of any period of non-entitlement—
- (a) that begins because the financial condition in section 5(1)(b) or (2)(b) of the Act ceases to be met, and
- (b) that ends within the period of six months beginning with the day on which that condition ceased to be met.
Period for which the ... LCWRA element is not to be included
Severe conditions criteria claimant
40A
- (1) A claimant is a “severe conditions criteria claimant” if it has been determined that the claimant is a severe conditions criteria claimant on the basis of an assessment under this Part.
- (2) A claimant is a severe conditions criteria claimant on the basis of an assessment under this Part if—
- (a) the claimant has limited capability for work and work-related activity on the basis of an assessment under this Part (see regulation 40(2)), and
- (b) at least one of the descriptors set out in Schedule 7 constantly applies to the claimant and will do so for the rest of the claimant’s life.
- (3) In assessing the extent of a claimant’s capability to perform any activity listed in Schedule 7, it is a condition that the claimant’s incapability to perform the activity arises—
- (a) in respect of descriptors 1 to 8, 15(a), 15(b), 16(a) and 16(b), from a specific bodily disease or disablement—
- (i) that the claimant will have for the rest of their life, and
- (ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services, or
- (b) in respect of descriptors 9 to 14, 15(c), 15(d), 16(c) and 16(d), from a specific mental illness or disablement—
- (i) that the claimant will have for the rest of their life, and
- (ii) that has been diagnosed by an appropriately qualified health care professional in the course of the provision of NHS services.
- (4) A descriptor constantly applies to a claimant if that descriptor applies to the claimant at all times or, as the case may be, on all occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.
- (5) In this regulation “NHS services” means—
- (a) health care services provided for the purposes of the health service continued under—
- (i) section 1(1) of the National Health Service Act 2006;
- (ii) section 1(1) of the National Health Service (Wales) Act 2006;
- (iii) section 1(1) of the National Health Service (Scotland) Act 1978;
- (b) health and social care within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009 provided for the purposes of the system promoted under section 2(1) of that Act.
Schedule 5A — Further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 27
Further circumstances in which a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” for the purposes of regulation 27
1
For the purposes of regulation 27, a claimant with limited capability for work and work-related activity is a “pre-2026 claimant” if the claimant—
- (a) is entitled to an award of universal credit that includes the LCWRA element by virtue of one of the following paragraphs, and
- (b) has been so entitled continuously from the time that the LCWRA element was included in the award.
Claimant is awaiting assessment under Part 5 before 6th April 2026
2
- (1) This paragraph applies where—
- (a) before 6th April 2026, in accordance with regulation 41(1)(a), the claimant is awaiting an assessment under Part 5, and
- (b) on or after 6th April 2026, the claimant is determined to have limited capability for work and work-related activity and a decision is made that the claimant is entitled to an award that includes the LCWRA element.
- (2) The decision in sub-paragraph (1)(b), or paragraph 3(b), may be made on a revision of a decision under section 9 of the Social Security Act 1998, a supersession of a decision under section 10 of that Act, or on an appeal.
Claimant with limited capability for work is awaiting reassessment under Part 5 before 6th April 2026
3
This paragraph applies where—
- (a) before 6th April 2026—
- (i) the claimant has limited capability for work, and
- (ii) in accordance with regulation 41(1)(b), the claimant is awaiting a further assessment under Part 5, and
- (b) on or after 6th April 2026, the claimant is determined to have limited capability for work and work-related activity and a decision is made that the claimant is entitled to an award that includes the LCWRA element.
Claimant with limited capability for work and work-related activity whose award does not include the LCWRA element on 6th April 2026
4
This paragraph applies where—
- (a) before 6th April 2026—
- (i) the claimant has limited capability for work and work-related activity, and
- (ii) the claimant’s award of universal credit does not include the LCWRA element by virtue of regulation 28(1) (relevant period), and
- (b) on or after 6th April 2026, the LCWRA element is included in the claimant’s award of universal credit.
Claimant entitled to an employment and support allowance before 6th April 2026
5
This paragraph applies where—
- (a) before 6th April 2026, the claimant is entitled to an employment and support allowance under Part 1 of the Welfare Reform Act 2007 that includes the support component within the meaning of that Part, and
- (b) the claimant has been so entitled throughout the period beginning with 6th April 2026 and ending with the date on which the claimant is awarded universal credit that includes the LCWRA element.
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